← Back to Vol. 02 Issue No. 04 — August
Abstract
Risk management is the process of analysis, identification, assessment, control, and avoidance, of unacceptable risks. Risk managers for sport organizations, schools, and universities must be well-versed in the legal requirements found in current and past case law in understanding the impact Title IX will have on their risk assessment process. With society constantly evolving, risk managers rely more than ever on the legal analysis determined by specific cases. The issue of transgender identity is a novel one for risk managers as the issue has only been brought to their attention in the last few years. Currently, no formal and definitive guideline has been established as to whether transgender athletes will be afforded the same gender protections as women athletes. Transgender athletes have not been the subject of a court decision as society is still focused on the political side of the issue. The present analysis examines the history of Title IX as it pertains to sexual discrimination and the consequences for failing to remain in compliance with its guidelines and policies. Title IX was passed nearly half a century ago and the guidelines and policies regarding equality for women under the Act are constantly changing. The transgender issue and sexual discrimination could face the same scrutiny and analysis before a final interpretation and formal policy is established. Risk managers must be guided by past litigation while keeping an eye on the future to help them establish policies of protection from sexual discrimination for transgender athletes to ensure their assessments and plans are sufficient to avoid violations of Title IX. Risk management on the issue of discrimination for colleges and universities changed dramatically in 1972 with the passage of Title IX of the Educational Amendments of 1972. This landmark legislation bans sex discrimination in academics and athletics at any educational institution that receives federal assistance. Title IX states: "No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid." (Curtis) Title IX regulates two major areas regarding sexual discrimination namely, sexual discrimination as to an individual and sexual discrimination as to equality in athletics.